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My husband has been found guilty of two counts of ABH against me
My husband has been found guilty of two counts of ABH against me.
He was arrested after the Police were called by the Accident & Emergency department who were treating me for a broken nose.
I had been in A&E a month before also with injuries, but I have not sought medical treatment for other injuries I have sustained over the years.
It was a two day trial at a Magistrates court ( He opted for the case to be heard at a Magistrates rather than Crown Court ?) Both myself and our two oldest children were witnesses.
He was arrested two years ago but I did not ,despite the advise of the arresting officer at the time, press charges or go to hospital as advised. So my husband was just cautioned.
After over a decade of abuse, I finally let the Police press charges and the result is that he has been found guilt on two counts of ABH ( for the last two incidents where I had attended hospital).
I have been asked by witness care to submit a Victim Impact statement which I have done.
The sentence is to be passed in the near future, so that I can prepare myself, what do you think is likely to be the sentence ?
There is presently has a non molestation order in place.
He was arrested after the Police were called by the Accident & Emergency department who were treating me for a broken nose.
I had been in A&E a month before also with injuries, but I have not sought medical treatment for other injuries I have sustained over the years.
It was a two day trial at a Magistrates court ( He opted for the case to be heard at a Magistrates rather than Crown Court ?) Both myself and our two oldest children were witnesses.
He was arrested two years ago but I did not ,despite the advise of the arresting officer at the time, press charges or go to hospital as advised. So my husband was just cautioned.
After over a decade of abuse, I finally let the Police press charges and the result is that he has been found guilt on two counts of ABH ( for the last two incidents where I had attended hospital).
I have been asked by witness care to submit a Victim Impact statement which I have done.
The sentence is to be passed in the near future, so that I can prepare myself, what do you think is likely to be the sentence ?
There is presently has a non molestation order in place.
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Your question indicates that you are concerned he will be sentenced and quite woried about the outcome. This is probably normal for victims of domestic abuse, as your abuser has for many years demeaned and made you feel worthless.
As the previous reply stated, hopefully you will not take him back and will eventually regain your emotional strength and self worth.
As the previous reply stated, hopefully you will not take him back and will eventually regain your emotional strength and self worth.
For a single ABH offence which was not pre-meditated and which resulted in minor, non-permanent injury, committed by a first-time offender convicted after a trial the official sentencing guidelines state that the 'starting point' sentence should be a 'high' level community order and that the sentence should normally lie in the range of a 'medium' level community order up to 26 weeks custody.
Given that your husband has previously been cautioned for a similar offence (which requires an admission of guilt), and that he's been convicted of two ABH charges, it seems likely that the court will be minded to pass a sentence above the 'starting point'. So it seems probable that a custodial sentence will be passed. Without access to all of the information that the court will have (such as your victim impact statement, the probation service's pre-sentence report and perhaps a psychiatric report) it's impossible to be precise but I'd guess at a sentence of around 4 months imprisonment (of which half will actually be spent 'inside').
Chris
Given that your husband has previously been cautioned for a similar offence (which requires an admission of guilt), and that he's been convicted of two ABH charges, it seems likely that the court will be minded to pass a sentence above the 'starting point'. So it seems probable that a custodial sentence will be passed. Without access to all of the information that the court will have (such as your victim impact statement, the probation service's pre-sentence report and perhaps a psychiatric report) it's impossible to be precise but I'd guess at a sentence of around 4 months imprisonment (of which half will actually be spent 'inside').
Chris
Thank you Chris for explaining to me the likely outcome.
The abuse has gone on for 14 years.
The impact on myself and family has been great.
It took years to find the courage to call the Police at all.
The incident where he was arrested 2 years ago happened 48 hours after my father died, I was too weary to press charges, so he was cautioned. I had been thrown, kicked, punched and had a piece bitten out of my face.
On his return he held me by the ears, spat in my face ad told me' that if I ever did that to him again he would make it worth his while and I would never walk again'.
The last two assualts were different from past incidents only in that I ended up in A&E. I have over the years been kicked, punched, head butted , thrown outside into the night naked and threatened with carving knives.
In he first instance I had been again thrown from a chair, kicked, punched and stomped on,(for not writing a letter for him fast enough) my legs were so badly damaged there was internal bleeding from knee to toes.
I could not walk unaided, I used sticks and my childrens help for 8 days to get about the house. Then my toes turned black, being diabteic I thought I may lose them and got a cab to A&E, there I was X rayed, scanned and put on antibiotics, it took months for my leg to recover.
A month after this incident I was back in A&E with a broken nose, the hospital called the Police, my husband was arrested but said "No Comment' when questioned. He was allowed home on unconditional bail, a month later I had an injunction put in place.
He has protested innocence for the last nine months, so my children and myself had to be witnesses ( he chose Magistrates Court )
I would find it much harder to move forward if he only received a suspended sentence as he would see this as a victory and I would feel even more of a victim.
The abuse has gone on for 14 years.
The impact on myself and family has been great.
It took years to find the courage to call the Police at all.
The incident where he was arrested 2 years ago happened 48 hours after my father died, I was too weary to press charges, so he was cautioned. I had been thrown, kicked, punched and had a piece bitten out of my face.
On his return he held me by the ears, spat in my face ad told me' that if I ever did that to him again he would make it worth his while and I would never walk again'.
The last two assualts were different from past incidents only in that I ended up in A&E. I have over the years been kicked, punched, head butted , thrown outside into the night naked and threatened with carving knives.
In he first instance I had been again thrown from a chair, kicked, punched and stomped on,(for not writing a letter for him fast enough) my legs were so badly damaged there was internal bleeding from knee to toes.
I could not walk unaided, I used sticks and my childrens help for 8 days to get about the house. Then my toes turned black, being diabteic I thought I may lose them and got a cab to A&E, there I was X rayed, scanned and put on antibiotics, it took months for my leg to recover.
A month after this incident I was back in A&E with a broken nose, the hospital called the Police, my husband was arrested but said "No Comment' when questioned. He was allowed home on unconditional bail, a month later I had an injunction put in place.
He has protested innocence for the last nine months, so my children and myself had to be witnesses ( he chose Magistrates Court )
I would find it much harder to move forward if he only received a suspended sentence as he would see this as a victory and I would feel even more of a victim.
Thanks for supporting messages.
I have never been on a site like this before ?
To Sgt Rock..the short answer is, I ask myself the same question ?
Over twenty years ago I read about Erin Pizzey's work and wondered how did those women she opened a refuge for get into that position ? never thinking that it could be me one day ?
It happens gradually, I had a good job, was independent and fairly intelligent, circumstances change, children come along, you lose your independence, and your confidence it was a slow process, I felt ashamed and even that it was my fault ? I was a fool....
I just posted this to try to prepare myself for what his sentence may be ? The answer that 'Buenchico' seems to have answered that, so I am grateful to him.
I have never been on a site like this before ?
To Sgt Rock..the short answer is, I ask myself the same question ?
Over twenty years ago I read about Erin Pizzey's work and wondered how did those women she opened a refuge for get into that position ? never thinking that it could be me one day ?
It happens gradually, I had a good job, was independent and fairly intelligent, circumstances change, children come along, you lose your independence, and your confidence it was a slow process, I felt ashamed and even that it was my fault ? I was a fool....
I just posted this to try to prepare myself for what his sentence may be ? The answer that 'Buenchico' seems to have answered that, so I am grateful to him.
Hi again Mary :o)
I hope you can get more out of this site, there is a body and soul section which you may find useful if you ever need to talk or just need a gentle push in the right direction when days may seem hard and need a little bit of moral support.
You have been through a terrible ordeal from someone who promised to love and cherish you but you are getting through this and I wish you all the strength you need to be happy again one day, both you and your children :o)
I hope you can get more out of this site, there is a body and soul section which you may find useful if you ever need to talk or just need a gentle push in the right direction when days may seem hard and need a little bit of moral support.
You have been through a terrible ordeal from someone who promised to love and cherish you but you are getting through this and I wish you all the strength you need to be happy again one day, both you and your children :o)
Thank you 'wingnut' I will take your advice and stop by the body and soul section as you suggest over the weeks to come. I feel at least I have taken the first step back to begining to respect myself again, I guess better late than never ?
I did not post this question though to upset people of bring them down, I just wanted to know what may happen next ?
Thanks for the kind words.
I did not post this question though to upset people of bring them down, I just wanted to know what may happen next ?
Thanks for the kind words.
Hi maryval:
You've obviously been to hell and back. I've had experience of situations such as yours, although fortunately not as a victim. I realise how very difficult it can be initially to take action against someone you love and who you expect to love you in return.
It's extremely difficult just to "up sticks" and leave, especially when you also have the responsibility of your children to consider. Some people have no understanding just how hard it can be to sever all ties with a spouse. Besides, where would most people actually go?
It seems likely from what you say that he should receive some sort of custodial sentence, given the misery and injury, physical and psychological, that this man has systematically put you through over many years.
The most difficult aspect for you, thanks to his stubborness in persisting his "innocence", may be when you and your children have to give evidence. Hopefully he's just bluffing, not unknown in these cases, and he's hoping that the thought of you and the kids having to attend Court would put you off and that the case would then collapse. So you have to be strong, albeit easier said than done.
The fact is that if he does plead not guilty but is subsequently convicted, a heavier sentence would be imposed.
Hopefully you have been receiving victim support and the equivalent from the Police dealing with your case?
I wish you the best of luck. Try to be strong. Don't let the bully win!
You've obviously been to hell and back. I've had experience of situations such as yours, although fortunately not as a victim. I realise how very difficult it can be initially to take action against someone you love and who you expect to love you in return.
It's extremely difficult just to "up sticks" and leave, especially when you also have the responsibility of your children to consider. Some people have no understanding just how hard it can be to sever all ties with a spouse. Besides, where would most people actually go?
It seems likely from what you say that he should receive some sort of custodial sentence, given the misery and injury, physical and psychological, that this man has systematically put you through over many years.
The most difficult aspect for you, thanks to his stubborness in persisting his "innocence", may be when you and your children have to give evidence. Hopefully he's just bluffing, not unknown in these cases, and he's hoping that the thought of you and the kids having to attend Court would put you off and that the case would then collapse. So you have to be strong, albeit easier said than done.
The fact is that if he does plead not guilty but is subsequently convicted, a heavier sentence would be imposed.
Hopefully you have been receiving victim support and the equivalent from the Police dealing with your case?
I wish you the best of luck. Try to be strong. Don't let the bully win!
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